Effective Jan 21
What Happened: State Department Pauses Immigrant Visas for 75 Countries
Action Summary (Jan 14, 2026)
The State Department announced an indefinite pause on immigrant visa issuance for nationals of 75 countries based on "public charge" concerns. Effective January 21, 2026. Nonimmigrant visas (tourist, business, student) are NOT covered but face heightened screening.
Timeline of Events
November 2025
Public Charge Tightening Guidance
Administration issues internal guidance tightening public charge screening at consular posts.
December 2025
Travel Ban Proclamation (Separate Track)
Presidential proclamation restricts entry on security grounds under INA 212(f). This is a separate lever from the visa issuance pause.
January 14, 2026
75-Country Visa Pause Announced
State Department announces pause on immigrant visa issuance for nationals of 75 countries citing public charge and benefits concerns.
January 21, 2026
Effective Date
Pause takes effect. Consular posts directed to refuse cases even if "print-authorized" but not yet printed or released.
What Is Covered vs. Not Covered
| Visa Type | Status | Notes |
|---|---|---|
| Immigrant Visas (family, employment, diversity) | PAUSED | Consular processing for permanent residence |
| Nonimmigrant Visas (B1/B2, F-1, H-1B) | NOT PAUSED | But heightened screening reported |
| K-1 Fiance Visas | UNCLEAR | Technically nonimmigrant, but leads to immigration |
| Diversity Visa (DV) Lottery | PAUSED | Fiscal year deadlines create high-risk scenario |
The Full List of 75 Countries
Afghanistan
Albania
Algeria
Antigua and Barbuda
Armenia
Azerbaijan
Bahamas
Bangladesh
Barbados
Belarus
Belize
Bhutan
Bosnia and Herzegovina
Brazil
Burma
Cambodia
Cameroon
Cape Verde
Colombia
Cote d'Ivoire
Cuba
DR Congo
Dominica
Egypt
Eritrea
Ethiopia
Fiji
The Gambia
Georgia
Ghana
Grenada
Guatemala
Guinea
Haiti
Iran
Iraq
Jamaica
Jordan
Kazakhstan
Kosovo
Kuwait
Kyrgyz Republic
Laos
Lebanon
Liberia
Libya
Moldova
Mongolia
Montenegro
Morocco
Nepal
Nicaragua
Nigeria
North Macedonia
Pakistan
Republic of the Congo
Russia
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent
Senegal
Sierra Leone
Somalia
South Sudan
Sudan
Syria
Tanzania
Thailand
Togo
Tunisia
Uganda
Uruguay
Uzbekistan
Yemen
Interactive Tool
Country Impact Checker
Select your nationality to instantly see if you're affected by the visa suspension.
Am I Affected?
Check your country's status under the suspension
Status Check Result
Select your country to see your status.
Important Notes
- Nationality determines impact: The pause applies based on the applicant's nationality, not current residence.
- Dual nationals: Policy on dual nationals is not explicitly stated in public documents. Consult an attorney.
- Adjustment of Status: This policy targets consular processing. I-485 adjustment in the US may be unaffected but USCIS has separate guidance.
Interactive Tool
Visa Stage Risk Meter
Where are you in the immigration process? This tool assesses your risk based on the "print-authorized" reporting detail.
Pipeline Position Analyzer
The closer to issuance, the more painful the pause
Risk Assessment
Select your stage to see the risk assessment.
"Print-Authorized" Limbo
Reuters reports that State Department cables direct posts to refuse cases even if "print-authorized" but not yet printed, and even if printed but not yet released. This catches people at the finish line.
Interactive Tool
Public Charge Factors Worksheet
The statutory factors consular officers must consider under INA 212(a)(4). Self-assess your profile.
Statutory Factor Self-Assessment
Based on 8 U.S.C. 1182(a)(4)(B)
Public Charge Assessment
Complete the factors and click "Assess Profile" to see the analysis.
Statutory Basis: 8 U.S.C. 1182(a)(4)(B)
- Consular officers must consider: age, health, family status, assets/resources/financial status, and education/skills.
- An affidavit of support (I-864) is required for most family-based and some employment-based immigrants.
- The totality of circumstances test means no single factor is dispositive.
Legal Sources
Key Legal Issue
The Nondiscrimination Tension: 8 U.S.C. 1152(a)(1)(A)
This policy is explicitly nationality-bounded. That tees up a direct statutory conflict question.
The Core Tension
8 U.S.C. 1152(a)(1)(A) provides that no person shall be discriminated against in the issuance of an immigrant visa because of nationality. This policy pauses immigrant visa issuance for 75 specific nationalities.
Competing Legal Theories
Government Theory vs. Challenger Theory
Two ways to read the legal framework
Government Theory
- This is a temporary processing posture, not discrimination
- Tied to individualized public charge determinations
- Consistent with INA 212(a)(4) public charge screening
- Administrative pause, not permanent bar
Challenger Theory
- Blanket nationality-based hold = discrimination in issuance
- 8 U.S.C. 1152(a)(1)(A) directly prohibits this
- Disproportionately affects Africa, Latin America, Middle East
- Public charge rationale is pretext for national origin discrimination
Litigation Landscape
Challenge Angles
- Statutory Conflict: 8 U.S.C. 1152(a)(1)(A) nondiscrimination vs. nationality-bounded pause
- APA Challenge: Policy as arbitrary/capricious or ultra vires executive action
- Standing: U.S. citizen/LPR petitioners (family unity), employers, universities, associations
- Consular Nonreviewability: Individual visa refusals face doctrine, but policy-level challenges may proceed
High-Impact Scenarios for Litigation
- Diversity Visa selectees: Fiscal year deadlines create irreparable harm argument
- U.S. citizen spouses: Family separation, constitutional dimensions
- "Print-authorized" applicants: Reliance interests after completing all requirements
- Employment-based (EB) with labor certification: Employer investment, job waiting
Key Statutes at Play
| Statute | What It Does | Relevance |
|---|---|---|
| INA 212(a)(4) 8 U.S.C. 1182(a)(4) |
Public charge inadmissibility ground | Government's stated basis for the pause |
| INA 202(a)(1)(A) 8 U.S.C. 1152(a)(1)(A) |
Nondiscrimination in immigrant visa issuance | Potential statutory bar to nationality-based holds |
| INA 212(f) 8 U.S.C. 1182(f) |
Presidential entry suspension power | Separate authority (travel ban), not visa issuance |
Legal Sources